Have you lost a loved one due to someone else’s negligent or wrongful actions in Burlington, ON? You may be entitled to financial compensation. Filing a wrongful death claim can’t bring your loved one back, but it can give your family some peace of mind.
An experienced Burlington wrongful death lawyer at Findlay Personal Injury Lawyers can help you fight to recover compensation for medical bills, lost financial support, pain, suffering, and more.
We’ve been representing grieving families like yours since we opened our doors in 1981. We’re here for you when it matters most. Contact our law offices in Burlington, Ontario, you can call us at (289)512-0829 to schedule your free consultation with our Burlington wrongful death lawyer.
Why Should I Call Findlay Personal Injury Lawyers for Help With a Wrongful Death Claim in Burlington, ON?
Losing a loved one is always difficult. The last thing you want to worry about is an insurance battle. You don’t have to spend your time and energy on this fight. That’s where our experienced Burlington personal injury lawyers can help.
At Findlay Personal Injury Lawyers, our lawyers bring over 92 years of experience to your case. We also have a winning track record, resulting in over $100 million won for our clients. We’ve also been recognized with the Hamilton Spectator’s Readers Choice “Platinum” award.
When you choose us, our Burlington personal injury lawyers will:
- Conduct a detailed investigation to determine who is responsible for your loved one’s death
- Gather and evaluate all evidence to build your case
- Handle all paperwork and insurance communications
- Work with experts to prove your case value
- Fight back against the insurance company’s efforts to blame the victim
- Negotiate with the insurance company and defense lawyers for a full settlement
Don’t let the prospect of a lengthy legal battle stop you from getting justice. Call our trusted Burlington, ON personal injury law firm for help today.
How Common Are Fatal Accidents in Ontario?
The statistics on fatal accidents in Ontario can be alarming.
According to preliminary data, more than 592 people died in motor vehicle accidents across Ontario in 2022 alone.
In total, the following fatalities were reported:
- 83 motorcyclist deaths
- 92 pedestrian deaths
- 110 truck accident fatalities
- 19 bicyclist deaths
Across Canada, 1,768 traffic fatalities were reported to Transport Canada’s National Collision Database (NCDB) during 2021.
What Is a Wrongful Death Claim?
In Ontario, wrongful death is a death caused by another person’s negligence, intentional misconduct, or criminal actions. Most wrongful death claims are based on negligence.
When an accident victim dies, the right to sue for damages transfers to the survivors.
Wrongful death claims are handled in civil court. If a wrongful death case is successful, the survivors are awarded financial compensation. It’s also possible that the defendant could face criminal charges. These are handled separately in criminal court.
How Do I Know Whether I Have a Valid Wrongful Death Lawsuit?
Generally speaking, if the deceased person could have filed a personal injury lawsuit, survivors would have a valid wrongful death suit. The right to sue for damages doesn’t simply disappear with the decedent’s death. It can transfer to their family and personal representative.
Under the Family Law Act in Ontario, only certain parties may file a wrongful death lawsuit, including:
- The surviving spouse
- The victim’s children
- Brothers or sisters
A variety of scenarios can give rise to a valid wrongful death lawsuit, including:
- A victim died after suffering severe car accident injuries
- A doctor made a mistake and killed a patient
- A person slipped and fell and died from their injuries months later
- Someone committed assault, and the victim died
If you suspect your loved one was a victim of wrongful death, contact our experienced wrongful death lawyers in Burlington to explore your legal options. We offer free case reviews, so there’s no risk in learning about your legal options.
What is My Burlington Wrongful Death Case Worth?
Wrongful death claims are particularly difficult to value. Often, the survivors’ losses are largely non-economic. The economic damages involved in these cases are often awarded to compensate for anticipated future losses.
These are, of course, the most difficult types of damages to calculate. Without an experienced lawyer, it can be incredibly difficult to understand how much your case is worth.
At Findlay Personal Injury Lawyers, we evaluate all wrongful death cases on their own merits, considering factors like:
- The victim’s age and life expectancy at the time of death
- The ages and identities of surviving dependents, including children
- The financial costs the family has incurred due to the accident and fatal injury
- The victim’s future earning capacity, which is often based on past earnings, education and work history
- How the victim contributed to the household prior to death
- How the death has impacted the surviving family’s lives and emotional wellbeing
- The circumstances of the death
- The physical pain and suffering endured by the victim prior to death
Our lawyers will work with experts as we analyze the losses your family has suffered. For more information about your case value, don’t hesitate to reach out to our team for a free case evaluation today.
What Types of Compensation Can My Family Recover for Wrongful Death in Ontario?
Under the wrongful death statute in Ontario, surviving family members can seek compensation for their financial losses and personal losses.
Examples of the types of financial losses or economic damages that many families suffer include:
- Funeral costs and burial expenses
- Medical expenses incurred prior to your loved one’s death
- Out-of-pocket expenses incurred for the benefit of the decedent, including travel expenses to visit your loved one in the hospital prior to death
- Lost future financial support
- Lost employment benefits, including health coverage and retirement benefits
- Loss of the reasonable value of household and childcare services
Your non-financial losses are often more personal, and may include:
- Your family’s emotional distress, pain, suffering and grief
- Loss of parental care and guidance
- Loss of a spouse or partner’s companionship and support (loss of consortium)
It can be extremely difficult to prove the value of these losses without hiring a wrongful death lawyer.
Can I Recover Damages If My Loved One Is Blamed for Causing Their Own Death in Ontario?
Under Ontario’s comparative negligence law, your family’s settlement or verdict will be reduced if the insurance companies can prove your loved one was partly responsible for their death.
While it may seem difficult to imagine, negligent people often blame fatal accident victims. The fatal accident victim isn’t around to defend themselves. Without a skilled lawyer to defend your family, it becomes much easier for the insurance company to avoid paying the full amount they owe you.
What Causes Most Deadly Accidents in Burlington, Ontario?
Wrongful death can result from almost any type of accident. Even when injuries don’t initially seem catastrophic, victims can unexpectedly take a turn for the worse.
At Findlay Personal Injury Lawyers, we often handle wrongful death claims involving:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Construction accidents
- Workplace accidents
- Dangerous property conditions (premises liability claims)
- Negligent security
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Snowmobile accidents
- Jet Ski accidents
- Accidents involving ATVs
- Dog bites
- Defective products
- Nursing home abuse
- Criminal acts and gun violence
With decades of experience, our lawyers have the skills to handle even the most complicated cases. Contact us today to learn more about how we can put our experience to work for you.
What is Negligence, and Why Is it Important to My Wrongful Death Claim?
Negligence means that:
- The defendant had a legal duty of care toward your loved one
- They breached that duty by deviating from the standard of care
- You suffered damages
- The defendant’s acts directly caused your damages
Negligence is important because it’s what you’ll have to prove to recover damages from the at-fault party.
We have a trusted network of experts who can help us analyze the evidence available to prove negligence. This may involve analyzing the scene of a car crash, determining why a crane collapsed on a construction site, or assessing the validity of your doctor’s actions.
How Long Do I Have to File a Lawsuit After Losing a Loved One in a Fatal Accident in Ontario?
It can be tough to worry about your finances when you’re grieving the untimely loss of a loved one. However, it’s important to take legal action relatively quickly.
You have only two years to file a lawsuit for compensation. The two-year statute of limitations starts running on the date your loved one died (not the date of the accident).
Our lawyers can handle the details while you take care of your family. It’s never too early to call and tell us what happened.
Contact a Trusted Burlington Wrongful Death Lawyer for a Free Consultation Today
Do you have questions about your legal options after the loss of a loved one in Burlington, ON? Contact a Burlington wrongful death lawyer today. At Findlay Personal Injury Lawyers, we offer free consultations so you can get the legal advice you need.